Troy City Council President Clement Campana waives right to speedy trial in voter fraud case DOCUMENTS

Note: A previous version of this story incorrectly attributed a quote from Clement Campana to Michael Rebel.

TROY -- Council President Clement Campana formally waived his right to a speedy trial in connection with the investigation of absentee ballot fraud, acknowledging in his waiver months ago the possibility of criminal charges against him.

The form signed by Campana, D-At Large, on Dec. 22, appears to leave open the possibility of him cooperating with the prosecution in the case which has seen two of his fellow Democrats -- at-large Councilman Michael LoPorto and county Election Commissioner Edward McDonough -- indicted on dozens of felonies each for allegedly falsifying votes in the 2009 primary election.

Special prosecutor Trey Smith "will assess the value of any information offered by me through my attorney and the weight such information would hold in determining whether I will be charged criminally," the form reads.

By signing, Campana agreed that Smith "has represented that absent this waiver, a criminal charge or charges could be imminently presented to a grand jury or filed by felony complaint or misdemeanor accusatory instrument."

The waiver lists "The People of the State of New York against Clement Campana" as its heading.

"It is what it is. I didn't do anything, so I've got nothing to hide," Campana said Wednesday.

He downplayed any potential criminal charges against him, saying he was never threatened with the possibility. Campana said he's been "nothing but cooperative" in the case.

Campana's name has surfaced as a potential Democratic candidate for mayor this November. His waiver was attached to a motion filed Tuesday by Brian Premo, who represents McDonough.

Campana said he signed it at the advice of his attorney, David Taffany, who did not return a call for comment.

The accusations against Campana stem from the ballot of Michael Rebel, who works with Campana at Hudson Valley Community College. Campana has said Rebel's absentee ballot was the only one he handled and that he did so within the law.

"There's no reason for anyone to have fooled with that ballot," Campana said Wednesday. "I asked him to help me, and he did."

But Rebel's application for a ballot contains false information stating Rebel would be out of town on the day of the vote and the date on his actual ballot contains a date written in what appears to be LoPorto's handwriting, according to court documents. Both, however, bear Rebel's actual signature.

McDonough faces counts of second-degree forgery and second-degree criminal possession of a forged instrument in connection with Rebel's ballot request, according to the indictment. LoPorto is charged with second-degree criminal possession of a forged instrument in regard to the actual ballot and envelope.

Smith declined to comment on Campana's waiver. In court papers, he has indicated the case may be far from concluded.

The current indictment was obtained in part through the grand jury testimony of Councilman Kevin McGrath, D-District 1, who struck a cooperation deal with Smith more than a year ago.

His agreement, also attached to Premo's recent motion, says that he will not be charged with any crime in connection with the 2009 primary election if he cooperates with Smith and the State Police in all proceedings stemming from the fraud.

The agreement is nullified and McGrath is liable for prosecution if he gives false testimony or otherwise fails to cooperate.

Premo aims to have Smith tossed from the case and has alleged Smith used false testimony from McGrath to obtain the indictment against McDonough, invalidating the cooperation agreement. The attorney alleges the accounts of McGrath's dealings with voters the councilman gave to State Police differ from those voters' own accounts.